What type of individuals do you collect data about?
We collect data for two separate groups of people: Members of the CGBW and Offenders.
What is the lawful basis for collecting the information?
For our members the lawful basis is consent by virtue of the 'contract' that we have with them for their membership of the CGBW. For offenders the lawful basis is 'legitimate interest' to protect our members and their property from harm and to prevent crime and disorder. Look at the Privacy Notice [Offenders] at the bottom of the Exclusion Notice page.
Do you ask for consent to collect information?
Our members give us consent by virtue of asking to be members of the scheme and completing an application form. Offenders do not give consent but we collect their information on the basis of 'legitimate interest'.
What does 'legitimate interest' mean?
The CGBW has assessed the impact of its processing on offenders’ rights and freedoms, has balanced these with its members’ own rights, and has concluded that its members’ rights prevail over offenders’ rights in this specific matter. This means that the CGBW has a compelling reason to collect data without asking for permission to do so. For the CGBW it is to protect the property of our members and their staff and customers from crime and anti-social behaviour and to exclude from their premises any individuals who are proven threats to their property, staff or customers or disrupt the peaceful enjoyment that their customers expect from the goods and/or services that our members offer.
The CGBW processes Offenders’ personal data for the management of its Exclusion Scheme on behalf of its members, to inform members of an offender’s modus operandi, to collate intelligence on criminal activity within the area of the scheme’s operation and to contribute to legal proceedings against offenders where appropriate.
Wherever possible we also try to prevent people from being excluded by writing to them beforehand.
What specific data do you collect about members of the CGBW?
A contact name, the name of the company, the company's address, email address and telephone number.
What specific information do you collect about offenders?
Name, date of birth, address [if possible] and other contact details, photographic image and details of any offences against our members. We collect offender's addresses so we can write to them to explain what information we have and what we intend to do with it. For the purposes of identification, we might also record their ethnicity.
Who do you share the information with?
The information on our members is not shared with anyone.
Limited information about offenders - name, date of birth and a photograph - may be shared with our members. Under a precedent set in the Judicial Review M v Chief Constable of Sussex we may also share offender's bail conditions with Members if breach of the same is likley to affect our Members. Bail conditions are shared on the strict understanding that they cannot be shared under any circumstances with third parties.
More detailed information about offences may be shared with statutory agencies e.g. police, Youth Offending Service. We do not share an offender's address with our members. Although we have access to this information it does not belong to us and hence we do not have the right to share it.